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Friday, 20 September 2013

Evolving
relations between Azad Kashmir and Gilgit-Baltistan

WASHINGTON,
DC: The opinion makers in Gilgit-Baltistan and
Azad-Kashmir (AJK) find themselves at odds in defining the relationship of
Gilgit-Baltistan with the former princely state of Jammu and Kashmir. They also differ in views
on how the lingering Kashmir dispute should be
resolved. The majority of the people in Gilgit-Baltistan maintain that their
forefathers liberated the region from the despotic rulers of Kashmir in 1947
and subsequently declared allegiance with the newly created state of Pakistan.
Therefore they expect Pakistan
to merge their region as its fifth province. However, there is a significant
minority which promotes the idea of an independent republic. It points to the
fact that UN resolutions on Jammu and Kashmir
require Pakistan
to withdraw from Gilgit-Baltistan and transfer control to local powers. It
therefore maintains that the people of Gilgit-Baltistan have the right to rule
their land without any interference from Pakistan.

On
the other hand, the people of AJK, often considered the voice of the ongoing
separatist movement in Indian Kashmir, consider Gilgit-Baltistan an integral
part of Kashmir and vehemently oppose its merger with Pakistan.
Similar views prevail across the line of control (LOC), wherein both the
pro-Indian Kashmiri leadership and the separatists claim Gilgit-Baltistan as
part of Kashmir.

Recently,
Molvi Umar Farooq, the leader of the separatist Hurriyat Conference, while
talking to the media in Pakistan’s
capital Islamabad, reiterated Kashmir’s
claim over Gilgit-Baltistan. Similar assertions have come from the political
and religious leaders of Diamer district of Gilgit-Baltistan including the
members of Gilgit-Baltistan National Alliance. These differing thoughts on the
fate of Gilgit-Baltistan strain the already polarized and charged discussion
among various stakeholders who strive to build alliances across sectarian,
linguistic and ethnic lines.

Pro-Pakistan
leadership in Gilgit-Baltistan has repeatedly condemned Kashmiris for such
overarching claims over their region. However, the same leaders have also been
unsuccessful in convincing successive Pakistani regimes to amend the country’s constitution
and merge Gilgit-Baltistan. Even today, Pakistan’s federal institutions
including the Supreme Court, Office of the President, Office of the Prime
Minister, cabinet members, chiefs of the armed forces, and heads of different
parliamentary committees maintain that Gilgit-Baltistan is a UN declared
disputed area and her residents cannot be declared citizens of Pakistan until
India and Pakistan resolve the issue of accession of Jammu and Kashmir.

Interesting
yet ironic, India, unlike Pakistan, claims
Gilgit-Baltistan as a constitutional part of the country and declares the
people of Gilgit-Baltistan as her citizens. In 1994, both houses of the Indian
Parliament passed a unanimous resolution reiterating that Pakistani controlled
parts of AJK and Gilgit-Baltistan are integral parts of India. However,
given that physical control of the region remains with Pakistan; such
constitutional provisions are futile in doing any good for the people of
Gilgit-Baltistan.

iven
India’s claim over Kashmir and Gilgit-Baltistan, an amicable solution
between the two countries is indeed a Herculean task. For Pakistan to retain permanent control over
Gilgit-Baltistan, it will have to withdraw the issue from the UN and persuade India to amend
its constitution to redefine the international boundary between both countries.
Given the fragmented nature of the parliament, no Indian government is in a
position to muster a two-third majority and convince lawmakers to concede
almost 90,000 square kilometers of land to Pakistan. Another source of ire for
India is Pakistan’s
unwillingness to discuss the issue bi-laterally and its insistence on a larger
multilateral role. Hardened attitudes have hindered ability of both countries
to successfully engage in conclusive dialogue on the dispute.

hile
India and Pakistan have established constitutional
frameworks in their respective areas of Kashmir; Islamabad rules Gilgit-Baltistan through
ad-hoc presidential ordinances which are subject to periodic renewals. At this
time, Gilgit-Baltistan has no representation in federal judicial and political
institutions. Lacking constitutional legitimacy, Gilgit-Baltistan’s overall
development and social fabric have suffered and the situation hinders justice
and equal human rights.

ow,
as the people in Gilgit-Baltistan slowly awaken to the reality that they will
not become Pakistan’s
citizens anytime soon, they are starting to demand the same rights the people
of AJK have enjoyed since 1949. This includes the establishment of a
constitutional framework, the offices of the President and Prime Minister, a
Supreme Court and reinstatement of State Subject Rule.

The
Gilgit-Baltistan Democratic Alliance, a leading political conglomerate of eight
nationalist parties favors such a setup till the resolution of the Kashmir dispute. To advance such demands, prominent
political figures of Gilgit-Baltistan including the Vice Chairperson of
Pakistan Workers’ Party, Babajan Hunzai and member of Gilgit-Baltistan
Legislative Assembly, Raziuddin Rizvi, recently visited AJK and shared their
views with the local leadership there. An encouraging gesture came from the
legislative assembly of AJK afterwards which passed a unanimous resolution
demanding a separate constitutional framework for Gilgit-Baltistan.

Gilgit-Baltistan
has gone through twelve political and administrative experiments since 1948. It
is about time that Gilgit-Baltistan receives a constitutional framework of its
own. The leaders of Gilgit-Baltistan, AJK and Pakistan should work towards a
win-win solution rather than accepting an impasse. Merging with Pakistan or AJK
are paths fraught with obstacles. Creating a constitutional framework similar
to AJK will therefore allow Gilgit-Baltistan to retain her identity while
helping to defuse opposition from different quarters in New
Delhi, Islamabad and Kashmir.

Source:. Sering
is the President of Washington D.C. based Institute for Gilgit Baltistan
Studies. He hails from Shigar valley of Gilgit-Baltistan.